Third party is back on ballot in Windham

Monday

Oct 28, 2013 at 11:36 PMOct 28, 2013 at 11:36 PM

By Francesca KefalasFor The Bulletin

The Bottom Line is back on the ballot.

Superior Court Judge John D. Boland approved a stipulation negotiated between The Bottom Line party, Town Clerk Patricia Spruance and the State Attorney General’s office that allows the third party’s eight candidates to be placed back on the ballot.

“The nightmare is over,” said Mark Doyle, chairman of The Bottom Line.

The party, which formed about six years ago, had its nominees removed from the ballot on Oct. 21 by order of the secretary of the state, even though Town Clerk Patricia Spruance went to bat for them. At issue is a 2011 regulation requiring third party candidates to sign the nomination form. The Bottom Line candidates all signed their campaign finance form and until she was ordered to remove them from the ballot, Spruance believed the law had been satisfied.

Because Spruance is the local administrator of the state election laws, it was Spruance who was sued.

The Bottom Line holds seats on every major board in Windham and is running candidates for all of those boards.

Three other suits based on the same statute have all gone to court and been judged in favor of the minor party. The statute requires third party candidates to sign the endorsement paperwork. Democratic and Republican candidates do not have to sign their endorsement paperwork.

Under Boland’s ruling Spruance’s office must now reissue 10 absentee ballots that were sent to voters and did not have The Bottom Line candidates on them.

Av Harris, director of communications for Secretary of the State Denise Merrill, said the law stems from a 2009 race where then-U.S. Sen. Chris Dodd was endorsed by a minor party and he was unaware of the endorsement.

Harris said Merrill’s office advised towns and third parties to take the issue to court to resolve it quickly, and the office is pleased with the ruling.

Boland said during the course of the hearing he had some concern whether he should be making a ruling. But he noted there were several areas of law, should the case move toward a trial, that would likely result in a ruling in favor of The Bottom Line. He said an argument could be made over the constitutionality of the law.

“To the extent this involves the public interest to have these candidates on the ballot, the parties involved have done yeoman’s work to get this stipulation negotiated,” Boland said.